MUNSTER PROTEST DISMISSED.

New Zealand Illustrated Sporting & Dramatic Review, Issue 1346, 10 February 1916, Page 11

MUNSTER PROTEST DISMISSED.

TAKAPUNA J.C.’S DECISION.

After investigating the question of the ownership of the racehorse Munster, the Judicial Committee of the Takapuna Jockey Club has given the following decision: —“The committee is satisfied that Mr. Robert McMiken has been the sole owner of the racehorse Munster from November 6, 1914. The protest lodged on behalf of the owner of Achilledes, the horse which ran second to Munster in the Zealandia Handicap, run on the first day of the club’s summer meeting, objecting to the ownership of Munster, is therefore dismissed, and the committee directs that the deposit involved be returned.” The evidence taken by the Judicial

Committee disclosed the following facts in connection with the ownership of Munster: — “That a partnership between Wilfred Johnstone, who held two-thirds interest in the ownership of Munster, and Robert McMiken, who held onethird interest in the the same horse, was registered in the Official Calendar on February 19, 1914, and the partnership was withdrawn in the Official Calendar on October 14, 1914.

“That on October 1. 1914, William McMiken purchased W. Johnstone’s two-thirds interest for £lOO, with a contingency that Munster was to be put in training for six months from that date, and an additional £5O was to be paid out of winnings. “That on November 6, 1914, William McMiken sold his two-thirds interest in the gelding Munster to Robert McMiken for £lO6 13s. 4d.. of which £6 13s. 4d. was ‘for training fees right up to date.’ The receipt further stated ‘this amount is now acknowledged in full.’

“That in making the sale of his interest in Munster to his brother no mention was made of the contingency of £5O, although both brothers were cognisant that such a liability existed from October 1, 1914. “The question then arose that as R. McMiken on November 6, 1914. bought William McMiken’s two-thirds interest in Munster, and was at that time aware of the contingent liability of £5O as set out in the sale note from Wilfred Johnstone to W. McMiken under date October 1. 1914, should a joint interest have been registered with the secretary of the New Zealand Racing Conference for the period between the date of purchase by R. McMiken. viz.. November 6, 1914, and April 1, 1915.

“The committee is of opinion that, as R. McMiken was aware at the time of his purchase of William McMiken’s two-thirds interest in Munster for £lOO and that his brother had agreed to put the horse in training for six months and to pay to W. Johnstone £5O out of winnings,, a ‘join interest’ should have ben registered as between Robert McMiken, Wiliam McMiken, and Wilfred Johnstonb. “The committee, however, is also unanimously of opinion that neither Robert nor William McMiken nor Wilfred Johnstone recognised that the contingency of £5O payable to Johnstone created a joint interest, and that their failure to comply with the provis’ons of classes 1 and 2 of Part. VIII. of the Rules of Racing was not wilful. The committee therefore, in accordance with rule 7, Part VIII., of the Rules of Racing, recommends: That a full copy of the evidence and

finding be forwarded to the president of the Racing Conference, and he be

requested' to impose such fine upon the parties as he may think fit; and that a copy of the evidence and finding be also forwarded to the District Committee, with a request that the committee approve of the decision of the Judicial Committee, and to certify that the breach or failure by R. and W. McMiken and W. Johnstone to register a ‘joint interest’ in Munster was not wilful.”